Tax taking procedure

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List of procedures that are required in order to take property (vacant lots) for redevelopment purposes, prepared by Attorney Fred Thibodeau (10/98):

Taking for Taxes (RIGL 44-9-8.1)

  1. Taxes must be unpaid and due
  2. Determination by the PRA that the property is necessary for redevelopment, revitalization or municipal purposes.
  3. Notice that property will be taken if tax is not paid within 14 days of Notice.
  4. Notice, 14 days before the taking to all parties with an interest in the property by sheriff. Constable, or uninterested party over 18 years of age, and if unable to locate after reasonable efforts, by publication (this notice must contain a description of the property being conveyed, the amount of tax assessed on each lot and the names of all owners. If any owner is deceased, notice must go to all heirs & devisees)
  5. Post notice in two or more convenient public places, 14 days before taking.
  6. Take title to property by deed to be recorded with the Records of Land Evidence within 60 days. Deed should also include a statement of the cause of the taking, a description, the names of the persons assessed, the amount of the tax, and incidental expenses and costs of taking.
  7. Take immediate possession - Constructive Abandonment (RIGL 44-9-25.2)
  8. Determination of abandonment by Inspector of Buildings and notice to all parties with an interest in the property advising that an inspection was conducted which disclosed unsatisfactory conditions and notice to the owner to correct the conditions described in the notice within 30 days of receipt or publication of the notice. Service shall be by sheriff, constable, or disinterested party over 18 years of age, or if party cannot be located after reasonable effort, by publication.
  9. After expiration of 30 day period, the Inspector of Buildings shall notify the local treasurer in writing under penalties of perjury that the buildings on the land had been found to be abandoned property, including facts that formed basis of finding and copy of notice served on all interested parties and any publications. If service was by publication, state an account of the steps taken to locate record owner and a copy of the publication.
  10. Treasure’s Affidavit of finding of abandonment to be recorded with the Registry of Deeds including statements from the Inspector of Buildings and efforts taken and notices given.
  11. Petition in Superior Court pursuant to RIGL 45-9-25.2 for a determination of constructive abandonment and foreclosure of all rights of redemption.
  12. Filing of Notice of Filling of Petition in Records of Land Evidence.
  13. Complete procedures for foreclosure of rights of redemption pursuant to RIGL 45-9-25.2 and obtain judgment.
  14. File Notice of Judgment with the Records of Land Evidence.
 

by Ana Baptista

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